What is the name of the Constabulary? - Metropolitan Police
Date of the offence: - February 2007
Date of the NIP: - 3 days after the offence
Date you received the NIP: - 7 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A406 Nth Circ Rd Wrights PI e/B NW10 (7509)
Was the NIP addressed to you? - Yes
Was the NIP sent by first class post, second class or recorded delivery? - Not known
If your are not the Registered Keeper, what is your relationship to the vehicle? -
How many current points do you have? - 0
Provide a description of events (if you know what happened) telling us as much about the incident as possible - some things that may seem trivial to you may be important, so don't leave anything out. Please do not post personal details for obvious reasons - Just befroe midnight driving towards Staples Corner on dual carriageway. at a steady speed. 28-02-07
I was flashed at 55mph in a 40mph limit just after a corner. I braked but was still flashed.
I used PACE form hoping it would time out.
I have recently received a Court Summons. This was received on 31st Aug or 1st Sept. The A4 brown envelope is post marked 29-08-07. 44p postage paid printed. Address printed on front is PO BOX 510 SW1v 2JP.
The cover letter is headed with Metropolitan Central Operations. Traffic Criminal Justice OCU. It is stamped next to signature [officer in charge] with the date "28 Aug 2007"
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Dear MR XX
A certificate has been produced in accordance with section 20 of the Road Traffic Offenders Act 1988: this and a copy of the photographic evidence are enclosed. The certificate and the photographs will be tendered in evidence before the magistrates unless you are intending to plead not guilty, in which case the matter will be adjourned to a later date.
If you wish to plead not guilty you should inform the Magistrates court within seven days of receiving this notice by writing to the address on the summons. If you do not do so within seven days of receiving this notice you may lose your right to prevent the certificate and photographs being tendered in eveidence.
Process Number: QS0189/xxxxx
Yours sincerely
For office in charge
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Second Page
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Excess Speed: GATSOMETER
Section 20, Road Traffic Offenders Act 1988
As Ammended by Sectioin 23, Road Traffic Act 1991
Section 69 Police and Criminal Evidence Act.
I heareby certify that these photographs are produced as a record from a prescribed device of a type approved by the GATSOMETER BV TYPE 24+AUS, type approval (ISBN 0 11 341 046 8) designed or adapted for measuring byrardar the speed of motor vehicles.
I have no grounds for believing that the information recorded is inaccurate.
The vehicles speed was recorded as 55 miles per hour
The speed limit on this section of road is 40 miles per hour.
Signed xxx
Name …. S MONTAGUE DATE : 28/08/07
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On following page are photographs of my car being flashed.
Finally there is a Court summons for 09-10-07
Is there an argument that as it was received after 6 calender months it is no longer valid.
Please advise.
Thanks
NIP Wizard Responses
These were the responses used by the Wizard to arrive at its recommendation:
Have you received a NIP? - Yes
Are you the Registered Keeper of the vehicle concerned (is your name and address on the V5/V5C)? - Yes
Did the first NIP arrive within 14 days? - Yes
Although you are the Registered Keeper, were you also the keeper of the vehicle concerned (the person normally responsible for it) at the time of the alleged offence? - Yes
Were you driving? - Yes
Which country did the alleged offence take place in? - England
NIP Wizard Recommendation
Based on these responses the Wizard suggested that this course of action should be considered:
- The law requires you to provide the information requested in the Section 172 notice within the 28 day period, naming yourself as the driver. If you are considering obtaining formal legal advice, do so before returning the notice.
You should note that there is nothing to be gained by responding any earlier than you have to at any stage of the process. You are likely to receive a Conditional Offer of a Fixed Penalty (COFP) and further reminder(s). If you want to continue the fight, you should ignore all correspondence from the police until you receive a summons. You need to understand from the outset that while you will receive much help and support from members on the forums, you will need to put time and effort into fighting your case and ultimately be prepared to stand up in court to defend yourself.
Generated by the PePiPoo NIP Wizard v3.3.0: Fri, 21 Sep 2007 10:58:27 +0100
